EPA530-R-97-005k
SUB-9224-97-010
MONTHLY HOTLINE RE.pnRT
November 1997
RCRA, Superfund, and EPCRA
D ¥ H
JAM 1 -> 1998'
ENVIRONMENTAL PRQTECTtQM AGENCY
iBH a
Hotline Questions & Answers
Resource Conservation and Recovery Act (RCRA) 1
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) 1
Emergency Planning and Community Right-to-Know (EPCRA) 3
Clean Air Act (CAA Section 112(r)) 5
New Publications
Resource Conservation and Recovery Act (RCRA) 7
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) 8
Emergency Planning and Community Right-to-Know 10
Federal Registers
Final Rules 11
Proposed Rules 12
Notices -. 13
Call Analyses
Caller Profiles 19
Hotline Topics 21
RCRA, Superfund, and EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-W6-0016.
Judi Kane, Project Officer
Sheretta Dixon, Alternate Project Officer
U.S. Environmental Protection Agency
/ashin
ONLY
Printed on
Recycled Paper
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MONTHLY HOTLINE REPORT
AVAILABILITY
Electronic Availability
The Monthly Hotline Report Questions and
Answers are also available for downloading at
no charge from the CLU-IN bulletin board via
modem at (301) 589-8366 or telnet at clu-
in.epa.gov. After registering, select Directory
8 from the file submenu. CLU-IN also has the
Monthly Hotline Reports available via the
World Wide Weh(WWW) at "i
ftp://clu-in.com/dowtiload/hotline/
The complete text of the 1991 (November and
December only), 1992, 1993, 1994, 1995, and
1996 Monthly Hotline Reports may be
accessed via the WWW. Go to the Hotline
Home Page at
http://www.epa.gov/epaoswer/hotline/
and select "Monthly Hotline Reports."
The Hotline maintains an electronic mailing
list named HOTLINE_OSWER. Subscribers
will have Hotline announcements and Monthly
Hotline Reports e-mailed to them as they are
released, at no charge.
• To subscribe to the Hotline electronic
mailing list send an e-mail to:
listserver@unixmail.rtpnc.epa.gov
Subject: SUBSCRIBE TO LISTSERVERS
Message: SUBSCRIBE
HOTLINE_OSWER your first name your
last name
For example, SUBSCRIBE
HOTLINE_OSWER JOHN SMITH
• To receive the Help file with useful
commands for users send an e-mail to:
Listserver@unixmail.rtpnc.epa.gov
Subject: HELP
Message: HELP
National Technical Information Service
(NTIS)
The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:
Yearly Subscription SUB-9224-97-000
January 1997 SUB-9224-97-001
February. 1997
March 1997
April 1997
May 1997
June 1997
July 1997
August 1997
September
November
RCRA Docket
EPA and state personnel can order the Monthly
Hotline Report from the RCRA Docket at
(703) 603-9230. The order number for the 1997
yearly subscription is EPA530-R-97-005.
SUB-9224-97-002
SUB-9224-97-003
SUB-9224-97-004
SUB-9224-97-005
SUB-9224-97-006
SUB-9224-97-007
SUB-9224-97-008
SUB-9224-97-009
SUB-9224-97-010
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Drip Pad Closure Notification and
Certification Requirements
Owners and operators of hazardous waste
treatment, storage, and disposal facilities
(TSDFs) managing hazardous waste in
surface impoundments, waste piles, land
treatment units, landfills, tanks, containers,
incinerators, boilers, and industrial furnaces
must comply with the unit-specific closure
standards to ensure that these units are closed
in a manner that minimizes-future threats to
human health and the environment (40 CFR
Parts 264/265, Subpart G). Specific activities'
that must be conducted during closure are set
forth in a facility's closure plan which must be
approved by the implementing agency.
Facilities with such approved closure plans
must notify the implementing agency-in
writing prior to the date closure is expected to
start (§§264/265.Il2(d)). After closure, the
owner or operator must submit to the
implementing agency a certification signed by
the owner or operator and an independent
registered professional engineer stating that
the closure has been completed in accordance
with the approved closure plan (§§264/
265.115). Do these notification and
certification standards apply to the closure of
drip pads at TSDFs?
Owners and operators of drip pads, in
most cases, are generators, and therefore are
not required to comply with the notification
standards in §§264/265.112(d) or the
certification standards in §§264/265.115 that
are applicable primarily to land disposal units.
However, as generators, they must comply
with the closure performance standards in
§265.Ill, and the requirement for the disposal
or decontamination of equipment, structures
and soils (§§262.34(a)(l) and 264.114). In
addition, owners and operators of drip pads
must comply with unit-specific closure
requirements found in Subpart W (§264.575).
Subpart W closure requirements provide
that owners or operators "must remove or
decontaminate all waste residues,
contaminated containment system components
(pad,-Mners-, etc.), contaminated subsoils, and
structures and equipment contaminated with
waste and leakage, and manage them as
hazardous waste." If the decontamination or
removal cannot be fully accomplished, the
owner or operator must close and perform
post-closure care in accordance with the unit-
specific closure and post-closure requirements
for landfills (§260.310).
CERCLA
2. Superfund Site Information
Availability
How is information about Superfund sites
available to the public?
The public may gain access to information
about a particular site via several means. EPA
keeps site-related documents (e.g., the Record
of Decision) in an information repository near
the site, such as a public library. Citizens near
the site may visit the information repository in
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Hotline Questions & Answers
November 1997
person to view the documents. In addition,
each EPA Regional office provides a
"Superfund Community Involvement
Coordinator" (CIC) for each site. The CIC can
answer site-related questions or refer the public
to the appropriate contact. Phone numbers for
each Region's CIC may be obtained from the
RCRA, Superfund & EPCRA Hotline at (800)
535-0202, 9 AM to 6 PM EST, or at the
Hotline's homepage:
http://www.epa.gov/epaoswer/
hotline/contacts. htm#super
There is also a great deal of information on
-all reported potential, current, and former
Superfund sites available via the Internet.
Information for all potential and current sites is
indexed in a database called CERCLIS
(CERCLA Information System). Information
included within this system includes the name
and address of the site and the date each step in
the Superfund cleanup process was completed.
Within the database, sites are indexed by the
state and the city or county in which theTsite is
located. CERCLIS may be accessed via the
Internet at the following address:
http://www.epa.gov/superfund/oerr/impm/
products/cursites/csitetoc.htm
CERCLIS sites that EPA decides do not
require attention under the Superfund program
are placed in an archive database. Information
on archived CERCLIS sites may be obtained ^
via the Internet at: _-.• • - ~
http://www.epa.gov/superfund/oerr/impm/
products/arcsites/asitetoc.htm
Additionally, a wide variety of CERCLIS
information may also be obtained via the
Superfund Automated Phone System. To use
or learn more about the system, individuals
should call (800) 775-5037 or (202) 260-8321.
To prioritize the sites listed in CERCLIS
for cleanup activities, EPA evaluates each site
and decides whether or not it should be added
to the National Priorities List (NPL), a list of .
EPA's highest priorities for cleanup. EPA
Headquarters in Washington, DC, and each of
EPA's Regional offices maintain dockets with
information on each NPL site. Narrative
descriptions of each site currently on the NPL,
proposed to the NPL, or deleted from the NPL
may be found via the Internet on EPA's
Superfund homepage. For sites currently on
the NPL, see:
http://www.epa.gov/superfund/oerr/impm/
products/npl/nplfin.htm
For sites that have been proposed to the
NPL, seer
http ://w ww .epa. go v/superfund/oerr/impm/
products/npl/nplprop. htm
For sites that have been deleted from the
NPL, see:
http://www.epa.gov/superfund/oerr/impm/
products/npl/npldel. htm
These sites provide a color map of the
United States as well as a list of states from
which individuals may select a state. Within
each state, sites are listed alphabetically by site
name.
Another source of Superfund site
information is the Envirofacts database. This
searchable database contains information on all
reported potential, proposed, current, and
deleted NPL sites. Individuals may search the
database by facility name, city, county, state,
ZIP code, standard industrial classification
(SIC) description, and/or SIC code. Searches
begin at the following address:
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November 1997
Hotline Questions & Answers
http://www.epa.gov/enviro/html/
multisystem.html
Passwords are not required to access these
databases and no fees are charged by EPA for
their use. Additional guidance or information
can be obtained by calling the RCRA,
Superfund & EPCRA Hotline.
EPCRA
3. Frequently Asked Questions:
Withdrawing and Revising Form R
and Form A Submissions
What is the procedure for requesting a '•
withdrawal of a Form R or Form A (a.k.a.,
annual certification statement) submission?
In order to have a submission removed
from the Toxic Release Inventory (TRI)
database, a facility must send a letter to both
the EPCRA. Reporting Center and the
appropriate state agency requesting that the
submission be withdrawn from the EPA
database. The letter should be marked
"Attention: Withdrawal Request" and should
explain the reason for the request (e.g., the
toxic chemical was below threshold, or the
facility qualifies for an exemption). The
withdrawal request should also include the
following information: the reporting year,
chemical name, a technical contact name and
phone number, and the name and phone
number of the requester if it is not the same as
the technical contact. It is only necessary to
submit a withdrawal request letter. A copy of
the Form R or Form A should NOT be
included. The. request should be sent to the
EPCRA Reporting Center (at the address found
in the most recent version of the Toxic
Chemical Release Inventory Reporting Form R
and Instructions) and the appropriate state
agency.
What is the procedure for voluntarily revising
previously submitted Forms R or Forms A ?
Voluntary revisions (as opposed to revisions
required to correct errors that prohibit further
Form R/A processing) must be submitted to
the EPCRA Reporting Center and the
appropriate state agency. Although hard copy
(i.e., paper) revisions are acceptable, EPA
encourages facilities to submit all revisions on
a diskette by using EPA's Automated Form R
(AFR) software package, even if the original
submission was on hard copy. A cover letter
with facility information (e.g., reporting year,
chemical name, document control number if
known, original date of submission) and an
explanation of the reason for the revision is
helpful^ but is not required. Standard revisions
(i.e., revising a Form R with another Form R,
or revising a Form A with another Form A)
may be completed in one of two ways:
1) The facility may submit the Form R or
Form A revision on a diskette by entering
an "X" in the field named "Enter 'X' here
if this is a revision." If the original was
submitted on hard copy, the facility should
complete an electronic version of the entire
Form R that reflects the revisions. If the
original was submitted on a diskette, the
facility should simply modify the
appropriate fields of the original AFR
submission. The diskette should include
ONLY those Forms R or Forms A that
have been revised, not the original form.
The owner/operator or senior management
official must sign and date the AFR
certification cover letter.
2) The facility may submit the Form R or
Form A revision on hard copy by entering
an X in the space marked "Enter 'X' here if
this is a revision" and entering the
corrected information next to the original
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Hotline Questions & Answers
November 1997
information. Corrections should be made
in blue or black ink only, NEVER in red
ink. The owner/operator or senior
management official must re-sign and re-
date the certification on page one.
What is, the procedure for replacing a
Form A with a Form R and vice versa?
A Form R submitted after a Form A for the
same chemical and reporting year is considered
to be a request for a revision of the previously
filed Form A. Although hard copy revisions
are acceptable, EPA encourages facilities to
submit all revisions on a diskette by using
EPA's AFR software package, even if the
original submission was on hard copy; A
cover letter with facility information (e.g.,
reporting year, chemical name, document
control number if known, original date of
submission) and an explanation of the reason
for the replacement is helpful, but is not
required. Submitters who wish to submit a
Form R to replace a Form A should use the
following procedure:
1) Send a completed diskette or hard copy
version of the Form R to the EPCRA
Reporting Center and the appropriate state
agency. Please do not include a copy of
the original Form A.
2) Mark the revision box on the first page of
the Form R. The owner/operator or senior
management official must re-sign and re-
date the AFR certification cover letter (in
the case of an AFR diskette submission) or
the certification on page one (in the case of
hard copy submission).
A Form A submitted to replace a
previously filed Form R is treated as both a
withdrawal request and a replacement for the
original Form R, and is subject to EPA review
and approval. EPA encourages facilities to
submit all Forms A on a diskette by using
EPA's AFR software package, even if the
original Form R submission was on hard copy.
A cover letter with facility information (e.g.,
reporting year, chemical name, document
control number if known, original date of
submission) and an explanation of the reason
for the replacement is helpful, but is not
required. Submitters who wish to submit a
replacement Form A should use the following
procedure:
1) Send a completed diskette or hard copy
version of the Form A to the EPCRA
Reporting Center and the appropriate state
agency. Please do not include a copy of
the original Form R.
2) Do NOT mark the revision box on the first
page of the Form A, since submitting a
withdrawal request and replacement Form
A is not considered to be a voluntary
revision. Rather, they are withdrawal
requests and replacements of the
previously filed Form R subject to EPA
review and approval. EPA will evaluate
whether or not to accept the revision (i.e.,
replacement Form A). The owner/operator
or senior management official must re-sign
and re-date the AFR certification cover
letter (in the case of an AFR diskette
submission) or the certification on page
one (in the case of hard copy submission).
By what date must withdrawals and
revisions be completed?
Voluntary revisions and withdrawal
requests must be submitted by October 15th of
the same year as the reporting deadline in order
for the revised or withdrawn daia to be
reflected in the corresponding TRI public data
release.
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November 1997
Hotline Questions & Answers
CAA
4. Accidental Releases and the Risk
Management Program
Should the owner or operator include
accidental releases from processes containing
listed substances below the threshold quantity
in the five-year accident history required under
the hazard assessment provisions of 40 CFR
Part 68, Subpart B, and in the incident
investigation requirements under 40 CFR Part
68, Subparts C and D?
No. The owner or operator of a stationary
source subject to the risk management program
regulations must include in the five-year
accident history only those accidents from
covered processes that resulted in 'deaths,
injuries, or significant property damage on site,
or known off-site deaths, injuries, evacuations,
sheltering in place, property damage or
environmental damages (40 CFR §68.42(a)).
"Covered process" is defined as a process that
has a regulated substance present in greater
than a threshold quantity (§68.3). Because the
accident history is, by statute, an aspect of the
hazard assessment, and the hazard assessment
provisions apply only to covered processes,
EPA believes that requiring the accident
history to address accidental releases from
processes not covered by this rule would be
inconsistent with the structure of Part 68 (61
FR31697; June 20, 1996).
The incident investigation provisions
(§§68.60 and 68.81) are part of the Program 2
and Program 3 prevention programs.
Similarly, these provisions apply only to
accidental releases from a covered process that
resulted in, or could reasonably have resulted
in, a release that posed serious danger to public
health or the environment.
5. Public Receptors Beyond Exposure
Endpoints
A facility performs a worst-case release
scenario and determines that there are no
pubic receptors within the endpoints.
However, there are several residences located
just beyond these endpoints. In reviewing the
five-year accident history, there were several
releases of a regulated substance, in which the
residences were notified by the facility of the
releases and informed they should seek shelter-
in-place. Do these releases disqualify the
facility from being a Program I facility?
No, these releases do not disqualify the
facility'from being a Program 1 facility.
Evacuations and sheltering-in-place were not
included in the eligibility for Program 1
because EPA was concerned that they could
create a disincentive to report releases and
might encourage sources and local emergency
officials to take more chances during an event
when there may be potential exposures that do
not rise to the endpoint specified in the
regulations, but would otherwise be worthy of
precautionary actions by the source or by local
officials.
If local emergency planners, first •
responders, or the public have concerns about
processes in Program 1 because of a past
evacuation or sheltering-in-place event, then
these parties could use mechanisms under
EPCRA to gather more information from the
source, about its accident prevention program
and involve the source in emergency planning
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Hotline Questions & Answers November 1997
(see EPCRA §302(b)(2) [designation of a
facility if it does not already handle extremely
hazardous substances listed under §302] and
§303(d)(3) [provision of information to the
emergency planning committee]). Sources and
local first responders should be discussing
evacuation and sheltering-in-place criteria and
decisions as part of emergency response
planning (61 FR 31675-6; June 20, 1996).
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672
EPA's fax-on-demand service distributes selected publications noted by a "fax-on-demand" number. To order
these documents, from your fax machine dial (202) 651-2060 (for OSW documents), (202) 651-2061 (for CEPPO
documents), and (202) 651-2062 (for OERR documents), and follow the instructions provided by the voice prompt,
using the fax-on-demand number noted. Please call the Hotline for detailed instructions on
using the fax-on-demand service.
EPA Publications Available on the Internet
You may access certain documents electronically by using this server:
World Wide Web (WWW): http://www.epa.gov
Documents on the WWW server may be located by using the on-line search functions.
Note: As of March 31, 1997, materials previously available from the Gopher server (gopher.epa.gov) will be
archived and henceforth available via the Internet solely on the World Wide Web server.
RCRA
TITLE: Waste Minimization National Plan:
Reducing Toxics in our Nation's Waste
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-010
This brochure outlines the goals and issues
behind the Waste Minimization National Plan,
a long-term national effort to reduce the
quantity and toxicity of hazardous wastes. The
brochure also provides important reasons for
minimizing waste and identifying persistent
bioaccumulative toxic (PBT) chemicals.
TITLE: Environmental Fact Sheet: Electronic
Access to OSW
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-017
This fact sheet provides information on
hazardous and nonhazardous waste resources
available through the Internet and electronic
bulletin board systems (BBSs). Materials listed
and available to the public include consumer
information, policy and guidance documents,
hazardous waste databases, and supporting
materials for rules.
TITLE: Environmental Fact Sheet: EPA
Expands Comprehensive Procurement
Guideline (CPG).
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-049
This fact sheet is part of the continuing
program to promote the use of recovered
materials. This document describes the 12
newly added categories under the
comprehensive procurement guidelines.
Categories include reprocessed latex paint,
shower and restroom partitions, channelizers,
delineators, flexible delineators, parking stops,
plastic fencing, garden and soaker hoses, lawn
and garden edging, plastic envelopes, printer
ribbons, and pallets.
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New Publications
November 1997
TITLE: Catalog of Hazardous and Solid
Waste Publications, Tenth Edition
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-97-003
This catalog is a directory of EPA documents
relevant to RCRA, organized by subject, title,
and document order number. Summaries of
the documents and their publication dates are
also included for documents published as of
September 1997.
TITLE: Reusable News, Fall 1997
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-97-007
This document announced the first ever
"America Recycles Day" on November 15,
1997. This issue features 10 great ways to
celebrate America Recycles Day, record-
setting waste reductions in Loveland,
Colorado, and tips for recycling-market
development.
TITLE: El Proceso de Permiso para
Instalaciones de Residues Peligrosos
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-007S
This document is the Spanish version of The
Hazardous Waste Facility Permitting Process.
This document is a step-by-step guide through
the hazardous waste permitting process, and
also includes information on public
participation in the permitting process.
TITLE: Reglamento de Residues Universales
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-025S
This is the Spanish version of The Universal
Waste Rule: Brochure. This flyer provides an
overview of EPA's Universal Waste Rule,
which is designed to reduce the amount of
hazardous waste in the municipal solid waste
stream, encourage recycling and proper
disposal of certain common hazardous wastes,
and reduce the regulatory burden on businesses
that generate these wastes. The document
includes an overview of what universal wastes
are, who is affected by the rule, and the states'
role in implementation.
TITLE: Medio Ambientes Delicados y la
Ubicacion de Instalaciones para Manejo de
Residues Peligrosos
AVAILABILITY; Hotline
EPA ORDER NO.: EPA530-K-97-003S
This is the Spanish version of the document
Sensitive Environments and the Siting of
Hazardous Waste Management Facilities. This
publication discusses sensitive types of
environments that pose special challenges to
the siting, expansion, and operation of RCRA
hazardous waste management facilities.
CERCLA
TITLE: General Policy on Superfund Ability-
to-Pay Determinations
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB97-199 731
URL: http://es.epa.gov/oeca/osre/settle.html
This document describes EPA's approach to
ability-to-pay (ATP) determinations and ATP
settlements under CERCLA. The policy
establishes an "undue financial hardship"
standard for determining a party's ability to
pay its share of Superfund cleanup costs, and
uses a two-part analysis to determine what is
an acceptable ATP settlement amount.
Included with the policy are two appendices
that address issues specific to making ATP
determinations for individuals and businesses.
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November 1997
New Publications
TITLE: Transmittal of Addendum to the
"Interim CERCLA Settlement Policy" Issued
on December 5, 1984
AVAILABILITY: NTIS/Internet
EPA ORDER NO.: PB98-103 138
URL: http://es.epa.gov/oeca/osre/settle.html
The Addendum supplements Interim Guidance
on Orphan Share Compensation for Settlors of
Remedial Design/Remedial Action and Non-
Time Critical Removals by addressing
situations where responsible parties refuse
settlement offers, including orphan share
compromises, for remedial design/remedial
actions.
TITLE: Issuance of the Interim Policy on
Settlement of CERCLA Section 106(b)(l)
Penalty Claims and Section 107(c)(3) Punitive
Damages Claims for Noncompliance with
Administrative Orders
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB97-208 086
URL: http://es.epa.gov/oeca/osre/other.html
This policy addresses settling CERCLA
§106(b)(l) civil penalties and §107(c)(3)
punitive damages claims for noncompliance
with administrative orders. The intent of the
policy is to make calculations of CERCLA
civil penalties and punitive damages for
purposes of settlement a fair and effective
process for deterring noncompliance.
TITLE: Guidance on EPA Participation in
Bankruptcy Cases
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB98-103 146
URL: http://es.epa.gov/oeca/osre/costrec.htrnl
This guidance supersedes the Guidance
Regarding CERCLA Enforcement Against
Bankrupt Parties and the Revised Hazardous
Waste Bankruptcy Guidance. The directive
identifies the factors to be considered by EPA
in determining whether to participate in a
bankruptcy case, including whether to pursue
collection of costs or penalties against debtors
who have liability under CERCLA or other
environmental statutes.
TITLE: Remediation Case Studies:
Bioremediation and Vitrification (Volume 5)
AVAILABILITY: NTIS
NTIS ORDER NO: PB97-177 554
This report collects case studies dealing with
bioremediation and vitrification projects
completed by federal agencies. Results from
the studies and lessons learned from earlier
technology applications are documented
throughout the report. The studies will help
establish benchmark data on cost and
performance, which should lead to greater
confidence in the selection and use of cleanup
technologies.
TITLE: Remediation Case Studies: Soil
Vapor Extraction and Other In Situ
Technologies
AVAILABILITY: NTIS
NTIS ORDER NO: PB97-177 562
This report collects case studies dealing with
soil vapor extraction or associated technologies
and other in situ technologies such as frozen
barrier containment, sonic drilling and
fracturing. This report was prepared by federal
agencies and documents results and lessons
learned from earlier technologies. The studies
will help establish benchmark data on cost and
performance which should lead to greater
confidence in the selection and use of selected
cleanup technologies.
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New Publications November 1r 37
TITLE: Abstracts of Remediation Case
Studies, Volume 2
AVAILABILITY: NTIS
EPA ORDER NO: PB97-177 570
This report summarizes 17 case studies of site
remediation projects documented in greater
detail in Remediation Case Studies: Soil Vapor
Extraction and Other In Situ Technologies, and
Remediation Case Studies: Bioremediation and
Vitrification (Volume 5). The abstracts
provide information on cost, quantity of
material treated, and key factors which may
have affected the project or technology cost.
EPCRA
TITLE: EPCRA Section 313 Questions and
Answers, Revised 1997 Version
AVAILABILITY: Hotline/Internet
EPA NO.: EPA745-B-97-008
URL: http://www.epa.gov/opptintr/tri/
index.html
This guidance document supersedes the
previous 1990 version of the Toxic Chemical
Release Inventory Questions and Answers.
The revised guidance includes 551 questions
and answers, as well as nine directives
discussing the reporting requirements of
EPCRA §313.
10
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672
Electronic Availability
Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via
EPA's Public Access Servers. The servers are accessible at:
World Wide Web: http://www.epa.gov .
FTP: ftp.epa.gov
EPA Federal Registers are organized by date on the World Wide Web (starting from October 1994).
Go to: http://www.epa.gov/fedrgstr
For RCRA/UST and selected CERCLA Federal Registers, choose: Federal Register (FR) - Waste.
For selected EPCRA Federal Registers, choose: Federal Register (FR) - Toxic Release Inventory.
FINAL RULES
RCRA
"Project XL Site-Specific Rulemaking
for Molex, Inc., Lincoln, Nebraska"
November 3,1997 (62 FR 59287)
EPA granted under the Project XL initiative
a variance from classification as a solid waste
certain commodity-like nickel, copper, tin,
and lead non-precious-metal-bearing sludges
generated at Molex, Inc., in Lincoln,
Nebraska. EPA has amended 40 CFR
§260.31 to reflect this variance. This rule
becomes effective January 2, 1998, unless
adverse comments are received on or before
December 3, 1997.
"Comprehensive Guideline for
Procurement (CPG) of Products
Containing Recovered Materials; Final
Rule"
November 13,1997 (62 FR 60962)
Pursuant to RCRA §6002, EPA amended the
CPG to include twelve new items including
certain construction products, transportation
products, parks and recreation products,
landscaping products and non-paper office
products. These amendments are codified in
§§247.3, and 247.12 through 247.17, and
become effective November 13, 1998.
Further, EPA clarified the limited
circumstances where agencies, which would
otherwise be subject to CPG, can choose not
to purchase designated items containing
recovered materials. These amendments are
codified in §247.2(d), and are effective
November 13, 1997.
11
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Federal Registers
November 1997
"Final Authorization of Revisions to
Michigan's Hazardous Waste
Management Program"
November 14,1997 (62 FR 61175)
State Program Revision; Approval
"Final Authorization of Revisions to
Alabama's Hazardous Waste
Management Program"
November 21,1997 (62 FR 62262)
State Program Revision; Approval
"Final Authorization of Revisions to
Georgia's Hazardous Waste
Management Program"
November 24,1997 (62 FR 62521)
State Program Revision; Approval
CERCLA
"Natural Resource Damage
Assessments; Type A Procedures"
November 10,1997 (62 FR 60457)
On May 7, 1997, the Department of the
Interior published a final rule establishing
procedures for assessing natural resource
damages under CERCLA. Those procedures
incorporated two computer models, making
several technical changes to those computer
models.
PROPOSED RULES
RCRA
"Project XL Site-Specific Rulemaking
for Molex, Inc., Lincoln, Nebraska"
November 3,1997 (62 FR 59332)
EPA proposed under the Project XL
initiative to grant a variance from
classification as a solid waste certain
commodity-like nickel, copper, tin, and lead
non-precious-metals-bearing sludges
generated at Molex, Inc., in Lincoln,
Nebraska. EPA has amended 40 CFR §260.31
to reflect this variance. This rule, finalized
concurrently (62 FR 59287), becomes.
effective January 2, 1998, unless adverse
comments are received on or before
December 3, 1997,.
"Land Disposal Restrictions (LDR)
Phase IV Second Supplemental
Proposal; Notice of Data Availability
(NODA)"
November 10,1997 (62 FR. 60465)
EPA published a NODA pertaining to the
LDR Phase IV Second Supplemental Proposal
(62 FR 26041; May 12, 1997). EPA
announced that they had received additional
information that they will consider in
determining the need for national capacity
variances for the final Phase IV rule. The new
data concern three wastes generated by the
FMC Corporation at its facility in Pocatello,
Idaho. EPA will accept comments received
on or before November 25, 1997.
"Revised Standards for Hazardous
Waste Combustors; NODA"
November 14,1997 (62 FR 61065)
EPA announced the advance availability of
Draft Particulate Matter Continuous
Emissions Monitoring Systems (PM CEMS)
Demonstration. PM CEMS will be used to
monitor compliance with paniculate matter
standards in the proposed revised standards
for hazardous waste combustors (61 FR
17358; April 19, 1997). EPA will provide
opportunity for comment in a forthcoming
NODA.
12
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November 1997
CERCLA
"Notice of Intent to Delete; Browning-
Ferris Industries—South Brunswick
Landfill Site"
November 6,1997 (62 FR 60058)
Notice of intent to delete.
"Notice of Intent to Delete; Coalinga
Asbestos Mine Site"
November 19,1997 (62 FR 61715)
Notice of intent to delete.
NOTICES
All Programs
"Dialogue Group on Identification of
Lead-Based Paint Hazards"
November 3,1997 (62 FR 59354)
EPA announced a meeting to discuss
regulatory options for identifying the hazards
of lead-based paint, lead-contaminated dust,
and lead-contaminated soil pursuant to §403 of
the Toxic Substances Control Act.
"Common Sense Initiative Council
(CSIC)"
November 28,1997 (62 FR. 63332)
EPA announced the meetings of the Metal
Finishing and Computers and Electronic
Subcommittees of the Common Sense
Initiative Council.
Federal Registers
RCRA
"Advisory Committee on Nuclear
Waste"
November 5,1997 (62 FR 59909)
The Nuclear Regulatory Commission (NRC)
announced a meeting of the Advisory
Committee on Nuclear Waste to be held
November 20 through November 22, 1997.
"No-Migration Petition Modification,
Cecos International, Inc., Sulphur,
Louisiana"
November 6,1997 (62 FR 60090)
No-Migration Petition; Modification
"Nuclear Waste Technical Review
Board; Yucca Mountain Field Trip"
November 6,1997 (62 F_B 60112)
The Nuclear Waste Technical Review Board
announced that it will conduct two educational
field trips, December 3 and 4, 1997, to the
proposed Yucca Mountain nuclear waste
disposal site, and to surrounding sites with
pertinent geological features.
"Agency Information Collection
Activities; OMB Responses"
November 13,1997 (62 FR 60898)
The Office of Management and Budget
(OMB) approved information collection
request (ICR) number 1815.01, Small Business
Compliance Assistance Centers, OMB Number
2020-0010, which expires October 31, 2000.
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Federal Registers
November 1997
NOTICES
"Recovered Materials Advisory Notice
(RMAN) II"
November 13, 1997 (62 FR 60976)
EPA published an RMAN, detailing the
recommended post-consumer or recovered
materials content levels at which EPA believes
the twelve items designated in the
November 13, 1997, CPG (62 FR 60974) are
generally available.
"Final Joint NRC/EPA Guidance on
Testing Requirements for Mixed
Radioactive and Hazardous Waste"
November 20,1997 (62 FR. 62079)
This guidance emphasizes the use of process
knowledge by generators and TSDFs for
characterizing mixed waste to avoid exposure
to radioactivity. EPA and NRC specifically
address testing and sampling mixed waste for
the purposes of making a listing determination,
initial characterization, characterization for
LDR, and for the waste analysis plan.
"Universal Waste Handlers and
Destination Facilities; Proposed ICR"
November 28,1997 (62 FR 63329)
EPA plans to submit the following ICR to
OMB for approval: Universal Waste Handlers
and Destination Facilities Reporting and
Recordkeeping Requirements, EPA ICR
Number 1597.02, OMB Control Number 2050-
0145, expiration date May 31, 1998. EPA
must receive comments on or before
January 27, 1998.
RCRA/CERCLA
"Notice of Intent to Prepare an
Environmental Impact Statement (EIS)
for the Advanced Mixed Waste
Treatment Project (AMWTP) at the
Idaho National Engineering and
Environmental Laboratory (INEEL),
Idaho Falls, Idaho"
November 20,1997 (62 FR. 62025)
The Department of Energy (DOE) gave
notice of its intent to prepare an EIS for the
AMWTP, which will be constructed under the
terms of the 1995 court order/settlement
agreement in the case Public Service
Company v. Batt, Civil No. 91-035-S-EJL (D.
Idaho). The facility will treat approximately
65,000 cubic meters of low-level, transuranic,
and alpha-contaminated low-level radioactive
remediation waste from the ENEEL, Idaho
Falls, Idaho, and other DOE facilities, prior to
disposal at the Waste Isolation Pilot Plant
(WIPP), in New Mexico or other appropriate
disposal facilities. Comments must be
received on or before January 9, 1998, to
ensure consideration.
CERCLA
"Notice of Extension of Comment
Period for the GE-Housatonic Site,
National Priorities List"
November 7,1997 (62 FR 60199)
EPA is extending the comment period for the
addition of the GE-Housantonic Site to the
National Priorities List (NPL). The comment
period, which was scheduled to end on
November 24, 1997, will be extended to
March 1,1998.
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November 1997
Federal Registers
NOTICES
"Announcement and Notice of
Availability of the Guidance on EPA
Participation in Bankruptcy Cases"
November 14,1997 (62 FR 61113)
EPA announced the availability of the
Guidance on EPA Participation in Bankruptcy
Cases. The purpose of the guidance is to
identify factors to be considered by EPA in
determining whether to participate in
bankruptcy cases.
"Announcement and Notice of
Availability of an Addendum to the
'Interim CERCLA Settlement Policy'
Issued on December 5,1984"
November 14,1997 (62 FR 61113)
EPA announced the availability of the
"Addendum to the Interim CERCLA
Settlement Policy." EPA is issuing the
addendum to provide the Regions with
direction for addressing potential compromises
of CERCLA cost recovery claims due to the
existence of significant orphan share.
"Announcement and Notice of
Availability of the Interim Policy on
Settlement of CERCLA Section
106(b)(1) Penalty Claims and Section
107(c)(3) Punitive Damages Claims for
Noncompliance with Administrative
Orders"
November 14,1997 (62 FR 61113)
EPA announced the availability of the
"Interim Policy on Settlement of CERCLA
§ 106(b)( 1) Penalty Claims and Section
107(c)(3) Punitive Damages Claims for
Noncompliance with Administrative Orders."
This policy is intended to make the calculation
of civil and punitive damages under CERCLA
a more fair and effective process while
deterring noncompliance with administrative
orders.
"The National Priorities List; Listing
and Deletion Policy for Federal
Facilities"
November 24,1997 (62 FR 62523)
EPA announced two interim final policy
revisions relating to the placing of federal
facilities on the NPL as well as the deletion of
federal facilities already on the list. The
interim final policy revisions apply to federal
facility sites that are RCRA-regulated facilities
engaged in the treatment, storage, or disposal
of hazardous waste.
"Notice of Availability of and Initiation
of a 30 day Public Comment Period for
Two Administrative Orders on Consent
for de minimis Waste Contributors and
One Administrative Order on Consent
for a de micromis Waste Contributor
Pursuant to CERCLA"
November 24,1997 (62 FR 62595)
EPA gave notice that three administrative
orders on consent between EPA, Region VIII,
and various parties potentially responsible for
costs incurred by the United States for cleaning
up the Summitville Mine Superfund Site were
approved.
"Uniform Hazardous Waste Manifest
Meeting"
November 25,1997 (62 FR 62740)
EPA announced it will hold public meetings
regarding future proposed modifications to the
universal hazardous waste manifest system to
reduce the burden on the regulated community.
Meetings will be held on December 11, 1997,
and January 8, 1998, for members of the
regulated community.
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Federal Registers
November 1997
NOTICES
"Agency Information Collection
Activities: Proposed Collection;
Emergency Clearance Request;
Comment Request; Four Private Party
Anecdotal Surveys Regarding
Prospective Purchaser Agreements
and Comfort/Status Letters"
November 26,1997 (62 FR 63158)
This notice announces that EPA has
submitted an emergency clearance request for
the ICR concerning four private party
anecdotal surveys regarding prospective
purchaser agreements and comfort/status
letters.
"Notice of Meeting; Postponement"
November 26,1997 (62 FR 63174)
The Council on Environmental Quality
announced the postponement of a December 2,
1997, meeting to discuss coordination of
environmental response and natural resource
restoration under CERCLA.
CAA
"Clean Air Act Advisory Committee:
Accident Prevention Subcommittee
Meeting"
November 24,1997 (62 FR 62593)
The Accident Prevention Subcommittee was
created to advise EPA on chemical accident -
prevention issues and implementation of the
§112(r) requirements. The subcommittee will
hold a public meeting on December 17, 1997.
EPCRA
"Toxics Data Reporting Committee of
the National Advisory Council for the
Environmental Policy and Technology;
Notice of Public Meeting"
November 26,1997 (62 FR 63162)
EPA announced a two-day meeting of the
Toxics Data Reporting Committee. The
mission of the committee is to provide advice
to EPA regarding the Toxic Release Inventory
program. The public meetings will take place
on December 9-10, 1997.
Settlements and Consent Decrees
"Consent Decree; United States v. The
Boeing Company, et al."
November 3, 1997 (62 F_R 59371)
"Consent Decree; United States v. Charles
Chrinetal."
November 3, 1997 (62 FR 59371)
"Consent Decree; United States v. The
Boeing Company, et al."
November 4, 1997 (62 FR 59732)
"Consent Decree; United States v.
Keystone Sanitation Company, et al."
November 10, 1997 (62 FR 60529)
."Proposed Administrative De Minimis
Settlement; Chemical Handling
Corporation Site"
November 14, 1997 (62 FR 61114)
"Proposed Settlement; SmitlVs-Farm Site"
November 18,1997 (62 FR 61504)
16
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November 1997 Federal Registers
NOTICES
"Consent Decree; United States v.
National Wood Preservers, Inc."
November 20, 1997 (62 FR 62073)
"Consent Decree; United States v. North
American Group Ltd., etal."
November 20, 1997 (62 F_B 62073)
"Consent Decree; United States v. The
Boeing Company, et al."
November 21, 1997 (62 FR 62347)
"Consent Decree; United States v. Caribe
General Electric Company"
November 21, 1997 (62 F_B 62348)
"Proposed Section 122(g) Settlement;
Sealand Restoration Site"
November 26, 1997 (62 F_B 63174)
"Proposed De Minimi's Settlement; Carrol
and Dubies Superfund Site"
November 28, 1997 (62 FR 63336)
"Proposed De Minimis Settlement; Powell
Road Landfill Site"
November 28, 1997 (62 FR 63337)
"Proposed De Micromis Settlement;
Waste, Inc., Superfund Site"
November 28, 1997 (62 FR 63337)
"Consent Decree; United States v. Larry A.
Bell, etal."
November 28, 1997 (62 FB 63385)
"Consent Decree; United States v. Neville
Land Company, etal."
November 28, 1997 (62 FB 63386)
17
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18
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CALL ANALYSES
This month, the Hotline responded to a total of 13,473 questions and document requests.
CALLER PROFILE
RCRA/UST Hotline
Regulated Community
Citizens
State & Local Government
Native Americans
Federal Agencies
Educational Institutions
EPA
Media
Interest Groups
Congress
International
Other
Referrals*
Transfers to EPCRA/Superfund Hotline*
Document Retrieval Line*
Message Retrieval Line*
TOTAL NUMBER OF CALLERS
2,449
366
179
15
62
103
101
6
52
2
4
0
92
348
170
288"
4,237
* No caller profile data available.
19
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Call Analyses
November 1997
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 24
Textiles 17
Apparel 0
Lumber & Wood 0
Furniture 2
Paper 16
Printing & Publishing 3
Chemicals 85
Petroleum & Coal 24
Rubber and Plastics 4
Leather " 0
Stone, Clay & Glass 1
Primary Metals 5
Fabricated Metals 13
Machinery (Excluding Electrical) 6
Electrical & Electronic Equipment 0
Transportation Equipment 10
Instruments 0
Misc. Manufacturing 56
Subtotal 266
Consultants/Engineers 1,897
Attorneys 288
Citizens 324
Public Interest Groups 41
Educational Institutions 52
EPA . 65
Federal Agencies 63
GOCOs 24
Congress 0
State Officials/SERC 74
Local Officials/LEPCs 26
Fire Departments 4
Hospitals/Laboratories 7
Trade Associations 6
Union/Labor 1
Farmers 0
Distributors 5
Insurance Companies 3
Media/Press 23
Native Americans 21
International 0
Other 78
Referrals* 219
Transfers to RCRA/UST Hotline* 132
Document Retrieval Line* 0
Message Retrieval Line* 112
' No caller profile data available.
TOTAL NUMBER OF CALLERS 3,731
20
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November 1997
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
6821
4991
4211
4541
68
46
1511
43
Solid and Hazardous Waste Exclusions 214'
Radioactive Mixed Waste
Delisting Petitions
Definition of Solid Waste/Hazardous
Waste Recycling
Large Quantity Generators
Small Quantity Generators
CESQGs
Transporters
Exports/Imports
TSDFs
General Facility Standards
Unit Standards
Air Emissions
Combustion - General
BIFs
Incinerators
Draft Strategy
Waste Minimization
LDR
Applicability
Notifications/Certification
Treatment Standards
Permits and Permitting
State Programs
Financial Assurance
Closure/Post-Closure
Corrective Action
Enforcement
Hazardous Waste Data
Test Methods
Indian Lands
Used Oil Standards
Military Munitions
OTHER WASTES
Ash
Bevill Amendment (Mining Waste)
Medical Wastes
Oil and Gas
14
32
2371
4371
1981
127
126
31
2071
224'
160
40
28
41
7
78
2181
102
2111
1331
137
23
55
213
118
21
60
11
213
5
4
18
175
12
SUBTITLE D
Household Hazardous Wastes
Subtitle D - General
Technical Standards
Industrial Wastes
Municipal Wastes
Indian Lands
Financial Assurance
Solid Waste Recycling/Markets -
General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
Composting
Procurement
Source Reduction/Pollution Prevention
Grants and Financing
TOTAL QUESTIONS
* Includes 1,940 RCRA document requests.
UST
General/Misc.
Applicability/Definitions
Regulated Substances
Closure
1998 Deadline
Standards for New Tank Systems
Tank Standards and Upgrading
Replacing/Closing
Release Detection
Reporting Requirements
Operating Requirements
Corrective Action for USTs
Financial Responsibility
Enforcement
State Programs
Private Sector
Indian Lands
LUST General/Miscellaneous
RBCA
Technologies
Solvency/Cost Controls
TOTAL QUESTIONS
* Includes 216 UST document requests.
57
123
52
6
122
12
8
3561
4
6
31
29
17
14
56
16
41
140
7
7,391*
119
89'
13
23
106'
73
741
49
941
19
25l
28
43
10
16
3
1
14
1
0
0
800*
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
21
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Call Analyses
November 1997
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions
Trade Secrets
Enforcement
Liability/Citizen Suits
Training
Chemical-Specific Information
234'
2
26
2
121
531
Emergency Planning (§§301-303):
General 551
Notification Requirements 5
SERC/LEPC Issues 30
EHSs/TPQs IS1
Risk Communication/
Hazards Analysis 35
Exemptions 1
Emergency Release Notification (§304):
General • 39
Notification Requirements 13
Reportable Quantities 11
CERCLA§103vs. SARA §304 18
ARIP/AHEDB/ERNS 11
Exemptions 11
Hazardous Chemical Reporting
(§§311-312):
General 47
MSDS Reporting Requirements 55
Tier I/II Requirements 147
Thresholds 421
Hazard Categories 7
Mixtures Reporting 21
Exemptions 41
Toxic Chemical Release Inventory (§313):
General
AFR
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NOTEs/NOSEs/NONs
Voluntary Revisions
Pollution Prevention 33/50
Public Access to Data
TRI Database
Petitions
TRI Expansion
1611
17l
3381
1141
1651
23
4
47
7
65
76
15
114
Exemptions
Special Topics:
CAA §112 General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
34'
1541
174
144
3
TOTAL QUESTIONS 2,588
"•Includes 537 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc.
Access & Information Gathering
Administrative Improvements
General
Environmental Justice/Brownfields
S ACM/Presumptive Remedies
Soil Screening Levels
Administrative Record
ARARs
CERCLIS
Citizen Suits
Claims Against Fund
Clean-Up Costs
Clean-Up Standards
Community Involvement
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Enforcement
Federal Facilities
Hazardous Substances
HRS
Liability
Local Gov't Reimbursement
Natural Resource Damages
NCP
Notification
NPL
Off Site Rule
OSHA
PA/SI
PRPs
RD/RA
Reauthorization
241
22
21
225
28
16
14
58
781
2
6
27
38
23
14
1
14
461
49
15
167'
12
93
0
28
74
62
1841
36
9
9
36
63
3
22
1 Hot topics fc,; this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
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November 1997 Call Analyses
Remedial- 96
Removal 42
RI/FS 71
Risk Assess./Health Effects 76
ROD 69
RQ 1831
Settlements 58
SITE Program 8
State Participation 8
State Program 15
TAGs 2
Taxes 9
Special Topics
Oil Pollution Act 1141
SPCC Regulations 2181
Lead Contamination 11
TOTAL QUESTIONS 2,694*
*Includes 651 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 13,473
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
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